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I have made a will with beneficiaries my two sons and my…

Customer Question
I have made a...

I have made a will with beneficiaries my two sons and my deceased partners son with my estate split three ways equally.My partner also made a will giving the sons a quarter share of her estate with three quarters to myself. The property is in the name of myself and the three sons. If i wanted to sell and downsize what would i have to do?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Nsw

Lawyer's Assistant: What documents or supporting evidence do you have?

Just the wills

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that i can think of

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/15/2018
Solicitor: Leon, Solicitor replied 4 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,726
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 4 months ago

Good Afternoon

You cannot sell unless they agree.

If they refuse to agree, you can then seek an order under the conveyancing act from the Supreme Court for a trustee would be appointed in the property to be sold.

They cannot force you to retain the property if you no longer want to keep it. But any sale must be with the agreement or a court order.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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